Published: 2015
Key Benefits:
Sec. 03.05.010. Powers and duties of commissioner of natural resources.
(a) The commissioner of natural resources shall
(1) direct, administer, and supervise promotional and experimental work, extension services, and agricultural projects for the purpose of promoting and developing the agricultural industry within the state including such fields as horticulture, dairying, cattle raising, fur farming, grain production, vegetable production, and development of other agricultural products;
(2) procure and preserve all information pertaining to the development of the agricultural industry and disseminate that information to the public;
(3) assist prospective settlers and others desiring to engage in the agricultural industry in the state with information concerning areas suitable for agriculture and other activities and programs essential to the development of the agricultural industry in the state;
(4) review the marketing, financing, and development of agricultural products inside the state including transportation, with special emphasis upon local production, and negotiate for the marketing of agricultural products of the state with federal and state agencies operating in the state;
(5) regulate and control the entry into the state and the transportation, sale, or use inside the state of plants, seeds, vegetables, shell eggs, fruits and berries, nursery stock, animal feeds, remedies and mineral supplements, fertilizers, and agricultural chemicals in order to prevent the spread of pests, diseases, or toxic substances injurious to the public interest, and to protect the agricultural industry against fraud, deception, and misrepresentation; in this connection the commissioner may require registration, inspection, and testing, and establish procedures and fees;
(6) regulate the farming of elk in a manner similar to the manner in which the commissioner regulates domestic animals and livestock, to the extent that is appropriate;
(7) [Repealed, Sec. 5 ch 11 SLA 2010].
(b) To carry out the requirements of this title, the commissioner of natural resources may issue orders, regulations, quarantines, and embargoes relating to
(1) examination and inspection of premises containing products, articles, and commodities carrying pests;
(2) establishment of quarantines for eradication of pests;
(3) establishment of standards and labeling requirements pertaining to the sale of agricultural and vegetable seeds;
(4) tests and analyses which may be made and hearings which may be held to determine whether the commissioner will issue a stop order or quarantine;
(5) cooperation with federal and other state agencies.
Sec. 03.05.011. Powers of commissioner of environmental conservation.
(a) To carry out the requirements of this title relating to animals or animal products over which the department has jurisdiction, the commissioner may
(1) issue orders or permits relating to or authorizing the examination, inspection, testing, quarantine, or embargo of animals or animal products, or premises containing or having contained animals or animal products, in order to prevent the spread of pests or contagious or infectious disease;
(2) conduct tests, analyses, and hearings to determine whether to issue an order or permit relating to animals or animal products under this section;
(3) cooperate with federal, state, municipal, and other governmental agencies regarding powers and duties under this section;
(4) issue orders or permits relating to or authorizing the custody, care, or destruction of animals or animal products to prevent the spread of pests or contagious or infectious disease;
(5) designate points of entry for the admission of animals or animal products into the state; and
(6) issue orders or permits relating to, or authorizing the examination, testing, or care of, animals or animal products to be transported into, within, or from this state, in order
(A) to prevent the spread of pests or contagious or infectious disease; or
(B) to promote safe or sanitary conditions for the animals or animal products to be transported.
(b) The commissioner may
(1) adopt a schedule of fees or charges, and credit provisions, for services related to animals and animal products rendered by state veterinarians to farmers and others at their request, and all the receipts from the fees and charges shall be transmitted to the commissioner for deposit in the state treasury;
(2) designate individuals, independently or in cooperation with federal, state, municipal, or other governmental agencies, to carry out and enforce, under the direction of the state veterinarian, the requirements of this title relating to animals or animal products over which the department has jurisdiction;
(3) enter into agreements with the federal government for controlling disease among animals and match federal payments for animals destroyed under those agreements from any appropriation available for this purpose;
(4) pay an owner of an animal destroyed under this section an amount from any appropriation available for this purpose; and
(5) adopt regulations under AS 44.62 (Administrative Procedure Act) to implement and interpret this section; when adopting regulations under this paragraph, the commissioner shall give substantial weight to the typical practices and standards in the state and in the United States of the industry for which the regulations are designed.
(c) Before taking custody of or destroying an animal or animal product under (a)(4) of this section, or imposing a quarantine, placing an embargo, or taking another action under this section that deprives a person of an animal or animal product, the department shall provide for notice and an opportunity to be heard to the owner or person in possession of the animal or animal product, unless the commissioner determines there is an immediate threat to the health or safety of an animal or the public.
(d) Nothing in this section affects the authority of another agency of this state.
(e) In this section,
(1) "commissioner" means the commissioner of environmental conservation;
(2) "department" means the Department of Environmental Conservation.
Sec. 03.05.013. State veterinarian.
The commissioner of environmental conservation may employ or appoint a person to act as the state veterinarian to carry out and enforce the requirements of this title relating to animals or animal products over which the Department of Environmental Conservation has jurisdiction. To be eligible for appointment as the state veterinarian, a person must be licensed or otherwise legally authorized under AS 08.98 to engage in the practice of veterinary medicine in the state.
Sec. 03.05.015. Agricultural production credits. [Repealed, Sec. 2 ch 110 SLA 1986].
Repealed or Renumbered
Sec. 03.05.020. Miscellaneous powers of commissioner of environmental conservation. [Repealed, Sec. 10 ch 59 SLA 2006].
Repealed or Renumbered
Sec. 03.05.025. Seafood processing permits and plans of operation. [Repealed, Sec. 26 ch 72 SLA 1998].
Repealed or Renumbered
Sec. 03.05.026. Seafood product quality standards and seals. [Repealed, Sec. 26 ch 72 SLA 1998].
Repealed or Renumbered
Sec. 03.05.027. Noxious weed, invasive plant, and agricultural pest management and education.
(a) The commissioner of natural resources shall employ or appoint a state coordinator for noxious weed, invasive plant, and agricultural pest management and education.
(b) The state coordinator employed or appointed under (a) of this section shall oversee the enforcement of state statutes and regulations regarding noxious weeds, invasive plants, and agricultural pests and shall coordinate with state and federal agencies, state land users, public groups, and private organizations to
(1) develop, implement, and annually review a comprehensive state strategic plan for the control of noxious weeds, invasive plants, and agricultural pests; the plan must include an early detection and rapid response system for invasive plants consistent with federal guidelines;
(2) design and execute a geographically based plant and pest management area program;
(3) develop and maintain a statewide database for mapping and monitoring noxious weeds, invasive plants, and agricultural pests;
(4) develop integrated plant and pest management programs;
(5) regulate and control the entry into the state and transportation of seeds, plants, and other horticultural products;
(6) contact and provide educational materials to state land users and other audiences regarding noxious weed, invasive plant, and agricultural pest issues, including identification, management, potential hazards, and landowner responsibilities;
(7) accept contributions of service, materials, or equipment, and, subject to appropriation of money from the United States or its agencies, from a department or agency of the state, or from any other source for use in carrying out the purposes of this section; and
(8) review and make recommendations to state departments and agencies concerning revisions to state regulations and statutes, including revisions and additions to state noxious weed lists.
(c) Each state department, agency, and institution shall cooperate with the state coordinator employed or appointed under (a) of this section in carrying out the tasks specified in (b) of this section.
(d) The state coordinator employed or appointed under (a) of this section shall coordinate with the University of Alaska Cooperative Extension Service, the Alaska Association of Conservation Districts' board of directors, and the Department of Fish and Game in fulfilling the coordinator's responsibilities under (b) of this section.
Sec. 03.05.030. Rules for grading and classification of agricultural products.
The commissioner may adopt rules, regulations, and procedures requiring the classification, grading, and inspection of agricultural products sold or offered for sale for general consumption before they are sold, and requiring the marking or labeling of any sack, box, carton, or other container of agricultural products to show the kind, grade, or other prescribed classification of the contents.
Sec. 03.05.035. Sale and labeling of frozen meat, fish and poultry. [Repealed, Sec. 26 ch 72 SLA 1998].
Repealed or Renumbered
Sec. 03.05.040. Inspection.
(a) To carry out the requirements of this chapter, on any business day during the usual hours of business, or at any time if the commissioner determines that there is an immediate threat to the health or safety of an animal or the general public, the commissioner or an individual designated by the commissioner as an inspector may, for the purpose of inspecting animals, animal products, agricultural products, or premises containing or having contained animals, animal products, or agricultural products, enter a storehouse, warehouse, cold storage plant, packing house, slaughterhouse, retail store, or other building or place where animals, animal products, or agricultural products are or have been raised, housed, kept, stored, processed, or sold.
(b) In this section, "commissioner" means commissioner of natural resources with respect to those products over which the commissioner of natural resources has jurisdiction under this title, and the commissioner of environmental conservation with respect to those products over which the commissioner of environmental conservation has jurisdiction under this title.
Sec. 03.05.050. Products in violation of regulations.
(a) An animal, animal product, or agricultural product found by the commissioner, or an individual designated by the commissioner as an inspector, to violate a regulation adopted under this chapter is declared to be a public nuisance injurious to the public interest and may not be moved by the person in whose possession it may be except at the specific direction of the commissioner or inspector.
(b) In this section, "commissioner" means commissioner of natural resources with respect to those products over which the commissioner of natural resources has jurisdiction under this title, and the commissioner of environmental conservation with respect to those products over which the commissioner of environmental conservation has jurisdiction under this title.
Sec. 03.05.060. Checking spread of contagious diseases. [Repealed, Sec. 10 ch 59 SLA 2006].
Repealed or Renumbered
Sec. 03.05.070. Control of rabies. [Repealed, Sec. 26 ch 72 SLA 1998].
Repealed or Renumbered
Sec. 03.05.075. Elk farming.
(a) Elk may be raised and bred as domestic stock for commercial purposes, including the sale of meat, by a person who lawfully owns the elk and who holds a current valid elk farming license. The commissioner of natural resources may issue an elk farming license for the farming of elk to a person who applies on a form provided by the commissioner, pays the biennial elk farming license fee, and proves to the satisfaction of the commissioner that the person lawfully owns the elk, intends to raise and breed elk, and possesses facilities for maintaining the elk under positive control. Before issuing or renewing an elk farming license, the commissioner shall conduct a physical inspection of the elk farming facilities and determine that the facilities are in good repair and comply with the fencing standards established under (d) of this section. In this subsection, "lawfully owns" means ownership that was obtained without violating a state or federal law or regulation or a condition of a license or permit issued with respect to elk.
(b) The commissioner of natural resources shall provide to the Department of Fish and Game a copy of each application for an elk farming license received by the commissioner and each elk farming license issued by the commissioner.
(c) The fee for a biennial elk farming license is $250.
(d) The commissioner of natural resources shall establish fencing standards for elk farming facilities to maintain elk under positive control. Proposed fencing standards shall be submitted to the commissioner of fish and game for review before the standards are adopted or amended.
(e) Notwithstanding other provisions of law, a license or permit is not required from the Department of Fish and Game in order to import, export, or possess elk for the purpose of elk farming. Elk imported, exported, or possessed for the purpose of elk farming are subject to the provisions of this title and regulations adopted under this title by the commissioner of natural resources or the commissioner of environmental conservation for domestic animals and livestock, to the extent they are made applicable to elk by the commissioners.
(f) In this section, "elk" means an animal of a subspecies of cervus elaphus that is indigenous to North America; "elk" does not include red deer or a red deer hybrid.
Sec. 03.05.080. Controlling exportation of animals. [Repealed, Sec. 10 ch 59 SLA 2006].
Repealed or Renumbered
Sec. 03.05.085. Seafood processing research. [Repealed, Sec. 26 ch 72 SLA 1998].
Repealed or Renumbered
Sec. 03.05.090. Penalties for violations.
(a) A person who violates a provision of this chapter or a regulation, order, or quarantine made under authority of this chapter, or violates a provision of a permit issued under this chapter, or sells seeds failing to meet the labeling requirements, standards, and tests provided for by regulation of the commissioner of natural resources or the commissioner of environmental conservation is guilty of a class A misdemeanor for each offense.
(b) A person who violates an order issued, a regulation adopted, a permit issued, a quarantine imposed, or an embargo ordered under AS 03.05.011, or a person who directs or orders a person to commit the violation, is subject to a civil fine of not more than $500 for each violation.
(c) If the Department of Environmental Conservation issues an order regarding, adopts a regulation on, issues a permit regarding, imposes a quarantine on, or orders an embargo on an animal or animal product that the Department of Environmental Conservation reasonably believes carries pests, a contagious disease, or an infectious disease, a consignee who knowingly receives, or a carrier who knowingly transports, the animal or animal product in violation of the order, regulation, permit, quarantine, or embargo is subject to a civil fine of not more than $500 for each violation.
(d) The Department of Environmental Conservation or a court of competent jurisdiction may impose the fine authorized by (b) or (c) of this section.
(e) Each animal, animal product, or premises containing or having contained animals or animal products involved in a violation described in (b) or (c) of this section constitutes a separate violation under (b) and (c) of this section. Each day on which a violation described in (b) or (c) of this section occurs constitutes a separate violation under (b) and (c) of this section.
(f) In this section, "knowingly" has the meaning given in AS 11.81.900(a).
